Free Order - District Court of Arizona - Arizona

1 2 3 4 5 Sharon Newton-Nations, et al., 6 Plaintiffs, 7 vs. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case 2:03-cv-02506-EHC Document 123 Filed 10/26/2007 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) ) ) ) No. CV 03-2506-PHX-EHC ORDER

Anthony Rodgers, et al., Defendants.

On March 10, 2005, the Court entered an Order staying a ruling on the Parties' CrossMotions for Summary Judgment pending the decision in Spry v. Thompson, Civil Action No. 03-121-ST (D.Or.) by the Court of Appeals for the Ninth Circuit or until further Order of the Court. (Dkt. 112). Defendant Michael Leavitt, Secretary of Health and Human Services, has filed Notice of the Ninth Circuit's decision in Spry v. Thompson, No. 04-35746 (May 21, 2007). (Dkt. 117). See Spry v. Thompson, 487 F.3d 1272 (9th Cir. 2007). Plaintiffs have filed a Response stating in part that the plaintiffs in Spry plan to file a Petition for Rehearing and that it would be premature to lift the stay. (Dkt. 119, Response, ¶¶ 5 & p. 4). Accordingly, IT IS ORDERED that within ten (10) days of this Order the Parties shall file a Joint Report informing the Court whether the stay should be lifted and, if so, whether supplemental briefing is requested on the summary judgment motions. DATED this 26th day of October, 2007.